C Tchapdeu v Unipart Group Ltd
The Tribunal did not err in law. The comparators identified by the appellant were not appropriate as they were not in the same cohort of transferring employees. The Tribunal was entitled to prefer the respondent's evidence, found the grievance investigations thorough, and provided adequate reasons for its findings. There was no evidence of discrimination, victimisation, or a relevant PCP. The appeal was dismissed on all grounds.
- Parties
- Appellant: Mr C Tchapdeu; Respondent: Unipart Group Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 12 October 2021
- Procedural Posture
- Employment Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Race Discrimination, Disability Discrimination, Victimisation, Flexible Working, Grievance Procedure, Burden of Proof, Comparators, Protected Acts, Institutional Racism, Indirect Discrimination
Case Brief
Summary, issues, holding and outcome
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Parties
Mr C Tchapdeu
Appellant
Unipart Group Ltd
Respondent
Procedural Posture
Employment Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the Employment Tribunal erred in law in dismissing claims of direct and indirect race discrimination, victimisation, and associative disability discrimination
- 2 Whether the Tribunal failed to provide adequate reasons for its findings, particularly regarding comparators, credibility, grievance investigations, protected acts, conduct extending over time, and the existence of a provision, criterion or practice (PCP)
Ratio Decidendi
The Tribunal did not err in law. The comparators identified by the appellant were not appropriate as they were not in the same cohort of transferring employees. The Tribunal was entitled to prefer the respondent's evidence, found the grievance investigations thorough, and provided adequate reasons for its findings. There was no evidence of discrimination, victimisation, or a relevant PCP. The appeal was dismissed on all grounds.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
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